Brief Addendum - Independent Pilots Association

Page 987 TITLE 49—TRANSPORTATION § 46110
Revised
Section
46107(a) ......
46107(b) ......
46107(c) ......
HISTORICAL AND REVISION NOTES
Source (U.S. Code)
49 App.:1487(a) (related
to Attorney
General).
49 App.:1487(b) (related
to Secretary
and CAB).
Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§1007(a) (related to Attorney
General), 72 Stat. 796;
Aug. 5, 1974, Pub. L.
93–366, §108, 88 Stat. 414.
Aug. 23, 1958, Pub. L. 85–726,
§§1007(b) (related to Administrator
and CAB),
1008 (related to Administrator
and CAB), 72 Stat.
796.
49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, §1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, §3(e), 98 Stat. 1704.
49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670,
§6(c)(1), 80 Stat. 938; Jan.
12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444.
49 App.:1488 (related
to Secretary and
CAB).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
In subsection (a), the words ‘‘may bring a civil action’’
are substituted for ‘‘may apply’’ for consistency
in the revised title and with other titles of the United
States Code and rule 2 of the Federal Rules of Civil
Procedure (28 App. U.S.C.). The text of 49 App.:1487(a)
(words after semicolon related to Attorney General) is
omitted as surplus because of 28:1651 and rule 81(b) of
the Federal Rules of Civil Procedure.
In subsection (b)(1), before clause (A), the words ‘‘Attorney
General’’ are substituted for ‘‘any district attorney
of the United States to whom the Board or Secretary
of Transportation may apply’’, and the words
‘‘under the direction of the Attorney General’’ are
omitted, because of 28:503 and 509. The words ‘‘bring a
civil action’’ are substituted for ‘‘institute . . . and to
prosecute . . . all necessary proceedings’’ for consistency
in the revised title and with other titles of the
Code and rule 2 of the Federal Rules of Civil Procedure.
In clauses (A) and (B), the words ‘‘prescribed’’ and ‘‘issued’’
are added for consistency in the revised title and
with other titles of the Code. The words ‘‘condition, or
limitation’’ are omitted as being included in ‘‘term’’.
In subsection (b)(2), the words ‘‘civil action’’ are substituted
for ‘‘prosecutions’’ for consistency in the revised
title and with other titles of the Code.
In subsection (c), the words ‘‘civil action’’ are substituted
for ‘‘proceeding in court’’ for consistency in
the revised title and with other titles of the Code and
rule 2 of the Federal Rules of Civil Procedure.
AMENDMENTS
2001—Subsec. (b)(1). Pub. L. 107–71, §140(b)(1), in introductory
provisions, inserted ‘‘the Under Secretary of
Transportation for Security with respect to security
duties and powers designated to be carried out by the
Under Secretary or’’ after ‘‘(or’’.
Subsec. (c). Pub. L. 107–71, §140(b)(2), substituted
‘‘, Under Secretary, or Administrator’’ for ‘‘or Administrator’’
in heading and text.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities
of the Transportation Security Administration
of the Department of Transportation, including
the functions of the Secretary of Transportation, and
of the Under Secretary of Transportation for Security,
relating thereto, to the Secretary of Homeland Security,
and for treatment of related references, see sections
203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
§ 46108. Enforcement of certificate requirements
by interested persons
An interested person may bring a civil action
in a district court of the United States against
a person to enforce section 41101(a)(1) of this
title. The action may be brought in the judicial
district in which the defendant does business or
the violation occurred.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat.
1229.)
Revised
Section
HISTORICAL AND REVISION NOTES
Source (U.S. Code)
46108 .......... 49 App.:1487(a) (related
to party in
interest).
Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§1007(a) (related to party
in interest), 72 Stat. 796.
The words ‘‘interested person’’ are substituted for
‘‘party in interest’’ for consistency. The words ‘‘may
bring a civil action’’ are substituted for ‘‘may apply’’
for consistency in the revised title and with other titles
of the United States Code and rule 2 of the Federal
Rules of Civil Procedure (28 App. U.S.C.). The text of 49
App.:1487(a) (words after semicolon related to party in
interest) is omitted as surplus because of 28:1651 and
rule 81(b) of the Federal Rules of Civil Procedure.
§ 46109. Joinder and intervention
A person interested in or affected by a matter
under consideration in a proceeding before the
Secretary of Transportation or civil action to
enforce this part or a requirement or regulation
prescribed, or an order or any term of a certificate
or permit issued, under this part may be
joined as a party or permitted to intervene in
the proceeding or civil action.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat.
1230.)
Revised
Section
HISTORICAL AND REVISION NOTES
Source (U.S. Code)
Source (Statutes at Large)
46109 .......... 49 App.:1489. Aug. 23, 1958, Pub. L. 85–726,
§1009, 72 Stat. 796.
49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, §1601(b)(1)(E);
added Oct. 4, 1984, Pub. L.
98–443, §3(e), 98 Stat. 1704.
The words ‘‘proceeding . . . or civil action’’ are substituted
for ‘‘proceeding . . . whether such proceedings
be instituted . . . or be begun originally in any court of
the United States’’ for consistency in the revised title
and with other titles of the United States Code and rule
2 of the Federal Rules of Civil Procedure (28 App.
U.S.C.). The words ‘‘prescribed . . . issued’’ are added
for consistency in the revised title and with other titles
of the Code. The words ‘‘condition, or limitation’’ are
omitted as being included in ‘‘term’’. The words ‘‘may
be joined as a party or permitted to intervene’’ are substituted
for ‘‘it shall be lawful to include as parties, or
to permit the intervention of’’ for clarity. The text of
49 App.:1489 (words after semicolon) is omitted as surplus.
§ 46110. Judicial review
(a) FILING AND VENUE.—Except for an order related
to a foreign air carrier subject to disapproval
by the President under section 41307 or
41509(f) of this title, a person disclosing a substantial
interest in an order issued by the Secretary
of Transportation (or the Under Secretary
of Transportation for Security with respect
to security duties and powers designated
to be carried out by the Under Secretary or the
Administrator of the Federal Aviation Administration
with respect to aviation duties and pow-
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